if it is shared with all three members, is it a public record that could be open for discussion? >> i am not sure that that is the answer, or what the status is between the clerk's office and the individuals. >> i don't know what the answer is. if this is a public document i would imagine that the draft going back and forth between the committee and the clerk would be a public document and perhaps the draft agenda sitting on an aide's desk to be a public document. i do know that this would change this. it either is or not. >> i can't think of any reason why those documents are not public.

i can't think of any off the top of my head. >> supervisor kim: thank you. any other comments? we had a motion to amend, 3.6.1, already read into the record, allows the committee member to request that a committee chaired share a draft agenda at least seven days in advance of the committee meeting. we can take that motion to amend without opposition. (gavel). motion to move this item forward. >> so moved. with recommendations. >> supervisor kim: we can do that again without opposition. (gavel) >> i want to commend the clerk of the board for your covering this and bring in your language to our rules and i look forward to january 8 we can begin implement them. thanks. >> supervisor kim: ditto.

i appreciate the legislative aide engaged in this process as well. at this time may i entertain a motion before that, is there any public comment on item 7? >> on item 7, david -- i have reviewed the proposed settlement agreement among other things. i am now the chair of the water subcommittee of the pucac, we had a few presentations back. it settles the matter between the city and the club to the extent that it allows for and contemplate environmental remediation of the area that the club has been using now and in the future. c that is to the good.

it appears to settle the legal issues that i am more concerned about environmental remediation i'm hoping that you will discuss in close session how those provisions work in the access to the club's liability coverage. this appears to be a fair settlement between the parties. with appreciation to -- [indiscernible] and others who worked heavily on this. thank you. >> supervisor kim: thank you mr. topel [sounds like]. >> my name is steve morton, involved with [indiscernible] for 12-14 years, it seems like a lifetime. it seemed significant progress, the ability to free up 12-14 acres in the city for broad forms of recreation and habitat restoration.

we haven't had access to the property for generations now. the puc does have a watershed report that they commissioned with broad public comment. i would like to have the supervisors ask mr. richie whether they concur with the operation to bring forward a stakeholders in this project's report, which has been broadly reviewed in the community, and apply under the tutelage of the puc the 2 million dollars in the recently adopted bond. i think it is appropriate that the puc as the land owner be the lead agency for the expenditure of that money on the recreation programs and

habitat programs that could be, that are in the puc's report. they are the active operators. the recreation department has been largely absent for decades. so, i think is a puc is the owner, the rightful group, they should be responsible to apply the 2 million dollars. >> supervisor kim: the public comment is closed. i like to entertain a motion to convene to close session. i would l

>> we have that motion that we can do that without opposition. madam clerk, do we have any other announcement? seeing none. the meeting is adjourned. thank you. . >> are you guys ready? okay. >> roll call. commissioner.

>> present. >> commissioner. >> here. >> commissioner. >> here. >> commissioner. >> here. >> item two approval of minutes for october 23, 2012 meeting with a minor correction on the first page commissioner brandon was present. >> so moved. >> all in favor. >> aye. >> number three, public comment on executive session. sue hester. >> sue hester. i didn't identify myself on there, but i have attended all of the public workshops for input on pier 30, 32, and i would ask this commission and the staff to direct everyone who is a

negotiating party to when they attend these public meetings to shut up and identify themselves. there was a lot of furor at my table at the latest est session which was quality of life because one of the negotiators of the warriors sat at our table and had input and was very vocal and didn't identify herself with the warriors until the entire thing was over, and people freaked out. i request that there be a rule and enforced on all negotiations, particularly the golden state warriors that in the case the port, owd and particularly the warriors not participate as members of the public, and wear big badges saying who they are because

people hide behind anonymity and i know because i of around the block oweb -- i don't know the golden state warriors but the know the port and oweb but i'm unusual and most are true civilians and it's unfair for them to have to argue from a person from one of these groups when you're soliciting public input. either shut the hell up and/or identify yourself and this came out directly from the last session of the input on 32-32 because the warriors went way over the line. thank you. >> okay. any further public

comment? okay. >> item four is executive session. >> so moved. >> second. >> we are in executive session. (recess).

(executive session). >> are you guys ready? okay. >> roll call. commissioner. >> present. >> commissioner. >> here. >> commissioner. >> here. >> commissioner. >> here. >> item two approval of minutes

for october 23, 2012 meeting with a minor correction. >> so moved. >> second. >> all in favor? >> aye. >> number three public comment on executive session, sue hester . >> sue hester. i didn't identify myself on there, but i have attended all of the public workshops for public input on pier 30-32 and i would ask this commission and the staff to direct everyone who is a negotiating party to when they attend these public meetings to shut up and identify

themselves. there was a lot of furor at my table at the latest session which was quality of life because one of the warrior's negotiators sat at our table and had input, and was very vocal, and didn't identify herself as a warriors until the entire thing was over and people freaked out. i request that there be a rule and enforced on all negotiations particularly the golden state warriors that in the case of the golden state warriors the port, owed and particularly the warriors not participate as members of the public and wear big badges saying who they are because people hide behind anonymity and i know because i have been around the block owed

-- i don't know the golden state warriors but i know the port and i know owed but i am very unusual. most of the people there are true civilians and it is unfair for them to have to argue with a person from the warriors and a person from the port or a person from oewd when you're soliciting public input. either shut the hell up and/or identify yourself and this came out directly from the last session of the input on 30-32 because of the warriors went way over the line. thank you. >> okay. any further public comment? okay. >> item four executive session. >> so moved. >> second. >> okay. we are in executive

session. >> okay. executive negotiator. >> move that we reconvene. >> move. >> second. >> moved that we don't disclose anything in close session. >> second. >> okay. >> all in favor? >> aye. >> please be advised that the ringing and use of cell phones and pagers and similar devices are prohibited at this meeting. please be advised that the chair may order the removal in the meeting room of any person using one of these electronic devices. please be advised that a member of the public has up to three minutes to make comments on each agenda item unless a shorter period is adopted on any item. first is executive port report. >> thank you we have a great agenda and happy to see so many

faces. i have a few items on the executive director report. i wanted to report a couple of milestones with respect to the brandon street project. it's going on schedule. you recall it calls for june 2013 completion date, and so that is on schedule. it is a $26 million project, so we of very fortunate to have some funds come from the 2008 clean and safe neighborhood parks bond, and you recall it's located on the embarcadero and intended to be a new 57,000 square foot public open space with raised land and interpretive elements and we were fortunate to get financial help from the u.s. army corp of engineers and helped with demolition of pier 36 and the

port is helping with the construction of the new wafer of and last night for those in the neighborhood probably already know this. over 900 cubic yards of cement was pored over night. they had one to three cement trucks arriving every one to three minutes and from 9:00 p.m. to 5:00 a.m.. it was a huge effort and a special thanks to our construction company, linda bazo, the department of public works, the san francisco metropolitan transportation authority, the san francisco police department and of course port staff, so pile driving will resume tomorrow and by the end of the week all piles will be installed. this is a great project which is being built to standards the most modern ones that we know for earthquake

protection and sea level rise and looking forward to the next america's cup event and fleet street and having it open as a prime spot for viewing and thanks to everyone and the neighbors who of very patient through this process. i also want to report that proposition b for clean and safe neighborhood bonds two passed on november 6 by 71-point 7% of the vote and terrific and goes to the generosity of the san francisco voters that support the amazing amenities in the city. the bond gives $36.5 million to various parks and the pier up in fisherman's wharf and plaza 27-13 and in

mission bay and warm water cove and a creek and we're are exciting to go ahead with the parks and the expansion of this park and we are pleased and gratified to the voters the city and mike thanks with your help with this measure even if all you did was vote yes so thank you for that. this saturday on november 14 there is an open house regarding the future of sea lot wall 337 at at&t park and hosted by the giants and the team will be there to talk informally about the mixed use project there, and i saw jack bear earlier and i believe it might be your birthday today jack. >> happy birthday. >> so i'm expecting cake

tomorrow if you would like to join us. happy birthday. thank you for joining us on your special day and that is at at&t park and a rare chance to see the ballpark under populated i guess for lack of a better word, and lastly i wanted to report that thursday november 15 is the official opening of crab seafnlt i understand that we have been meeting the prossers have arrived at a price so that's terrific. it sounds like the crab season is going to start on time so we can expect to see all of the vessels go out tomorrow and setting the traps and returning thursday with the crab and the recreational crab season opened this week and there are people fishing for themselves and bringing in crabs so it looks like it's going to be a

fairly decent season. we are very happy about that. we have 13 transient vessels at the port and as well as our own fishing fleet and we expect to have crab for thanksgiving so that is exciting that. concludes my report. >> thank you. is there any public comment on the executive director's report? hearing none. >> items on the consent calendar and authorize for competitive bids for a construction contract and pier 33 and electrical service upgrade and america's cup and next is for bottle refilling station with a market value listed here for most depender fountains incorporated and next is to exsend grant funding from the california

water ways banted abatement fund for water craft. next is authorization extend $20,000 grant from the california department of voting and water waste vessel turn in program and allow for removal and storage of vessels within the port of san francisco. >> so moved. >> second. >> is there any public comment? all in favor? >> aye. >> resolution 1285, 1286, 1287 and 1288 have passed. >> next is informational presentation regarding the fiscal report for the san francisco multi-venue project on piers 30 and 32 and request approval for the amendment for the first agreement with them

for the development of piers 30 and 32 on embarcadero roadway and the san francisco bay and the sale or lease of development the sea wall bounded in embarcadero roadway beale and bryant streets. >> good afternoon commissioners. i am jennifer mattes from economic work force development. on behalf of a team of forks we're here to present the first comprehensive hearing on the project that would include a multipurpose arena that would be home to the golden state warriors. we have been working with citizen advisory committees set up through the port by the request of supervisor jane kim since august and this is the first opportunity to give you a comprehensive overview of some

of the aspects of the project we have been talking about as well as talk to you about the fiscal feasibility report that is going to be considered by the board of supervisors budget and finance committee tomorrow. as you're aware the chapter 29 of the code requires that there are findings of fiscal feasibility for certain public /private and public projects flrd to move forward and commence in environmental review and we prepared a fiscal feasibility report and reviewed by harvey rose, the board of supervisors budget analyst and found it fiscally feasible and will make that request tomorrow and next week. this presentation today has many parts and we will be moving back and forth between presenters who are experts in the various aspects of this project. a brief outline.

we're going to be -- i will first talk a little bit about the public outreach to date and proposed. diane oceana will talk about development around port development at this site. justin from a and e comwill give overview of the proposed project. peter albert from mta will talk about the transportation assessment that is going out in the embarcadero right now and inform the environmental review process if for this and we will discussed fiscal terms and feasibility analysis and the framework that informs that and then we will conclude with a few words from the warriors who would like to talk a little bit about what this project really means for the city and for the port, and finally we willing asking to you extend some of the deadlines in

the exclusive negotiating agreement to allow us to negotiate a comprehensive term sheet which we hope to bring to you by april of next year so with that as mentioned there was a advisory committee formed for the port and from that committee there are three tracks of workshops that have begun or soon to begin. we are doing transportation workshops to talk about challenges in the south beach, mission bay neighborhood, some of which are -- due to existing conditions and ones that are potentially created by the additional activity here. we are moving forward with neighborhood quality of life workshops to look at ways in which a permanent funding stream and free standing entity can be

created to work with neighbors, merchants and stakeholders in the vicinity to address concerns around increased development and activities, and then we are about to embark on a design workshop for sea wall lot 330. while the design for the arena i think has been very much embraced and has a lot of momentum moving forward there has been less time spend on the development of the sea wall and we would like to engage the public in a workshop to look at possibilities and options for that site. so just reviewing the time line a little bit. the announcement of the proposed project was made in may. in august the cac was r was formed. we have had four meetings to

date and talk about water trust and overview. a meeting in september in which the transportation assessment framework was described. a second meeting in september to talk about design policies and the approach to design at the sites as well as a presentation by the warriors around their urban design sort of philosophy. that was followed in october where the actual project design for the arena was first unveiled and the findings of the fiscal feasibility report were reviewed there and the next meeting is december 11 which will encompass in part workshop report backs and including a report of the sea wall design workshop. this is just a calendar of the workshops that are -- that have occurred and the ones to be planned. we will have a transportation workshop on december 4. then our next

neighborhood quality of life workshop and this after the holidays. there are no other workshops between now and the new year. with they would invite diane up and give a little context for the development of the site. >> good afternoon president and members of the commission, members of public. i am diane with the ports, planning and development division and as part of the orientation for the cac and the general public we did do a broad overview of the policy context and some of the design framework for the project site starting with the waterfront land use plan which you know is the port commission's master plan for the seven and a half mile waterfront. it was originally adopted in 1997.